[Ord. 223. Passed 12-10-1985; Ord. 364. Passed 7-26-1999]
If a building containing a nonconforming use is damaged or destroyed by fire, explosion, accident or other casualty, it may be reconstructed and used for the same nonconforming use, provided that the reconstructed building shall not exceed in height, area or volume the building destroyed nor shall the reconstructed building permit a greater intensity of nonconforming use than existed before the damage or destruction. If the building reconstruction is not started within one year from the date of damage or destruction and carried on without interruption, there shall be a presumption of abandonment of the nonconforming use, subject to rebuttal by the property owner using clear and convincing evidence.